Taylor v. Smith

Stephen Taylor appeals from an order of the Circuit Court of Wood County denying as untimely his motion to reinstate an action discontinued for failure to prosecute pursuant to the two-year rule of Rule 41(b) of the W.Va. Rules of Civil Procedure. The circuit court denied reinstatement on the ground that it lacked jurisdiction to grant such relief. Because we conclude that Taylor’s lawyer did not move for reinstatement within a reasonable time after discovery of the dismissal order, we affirm.

I

This personal injury action, instituted in 1972 by Steven Taylor, an infant, by and through his next…